County of Ventura Resource Management Agency Planning Division · 7/23/2020 · Fillmore, in the unincorporated area of Ventura County. The Tax Assessor’s parcel numbers for the

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BRIGHTVIEW TREE COMPANY CONDITIONAL USE PERMIT (CUP) CASE NO.PL20-0012

A. PROJECT INFORMATION

1. Request: The applicant requests approval of a Conditional Use Permit (CUP) fora 20-year time extension for the continued operation of an existing wholesalenursery, known as Brightview Tree Company (Case No. PL20-0012).

2. Applicant: Brightview Tree Company, 3200 West Telegraph Road, Fillmore, CA93015

3. Property Owner: Brightview Tree Company, 3200 West Telegraph Road,Fillmore, CA 93015

4. Applicant’s Representative: Robert Crudup, Brightview Tree Company, 3200West Telegraph Road, Fillmore, CA 93015

5. Decision-Making Authority: Pursuant to the Ventura County Non-CoastalZoning Ordinance (NCZO) (Section 8105-4 and Section 8111-1.2 et seq.), thePlanning Director is the decision-maker for the requested CUP.

6. Project Site Size, Location, and Parcel Number: The approximately 300-acreproject site is located at 3200 West Telegraph Road, outside of the City ofFillmore, in the unincorporated area of Ventura County. The Tax Assessor’sparcel numbers for the parcels that constitute the project site is 046-0-080-070and 046-0-150-340.

7. Project Site Land Use and Zoning Designations (Exhibit 2):

a. Countywide General Plan Land Use Map Designation: Agricultural

b. Zoning Designation: AE-40 ac (Agricultural Exclusive, 40-acre minimumlot size)

8. Adjacent Zoning and Land Uses/Development:

Location inRelation to the

Project SiteZoning Land Uses/Development

NorthAE-40 ac (Agricultural Exclusive,40-acre minimum lot size)

Agricultural

Planning Director Staff Report – Hearing on July 23, 2020

County of Ventura • Resource Management Agency • Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • vcrma.org/divisions/planning

Planning Director Staff Report for PL20-0012Planning Director Hearing on July 23, 2020

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Location inRelation to the

Project SiteZoning Land Uses/Development

East AE-40 ac Agricultural

SouthOS-80 ac/MRP (Open Space, 80-acre minimum lot size/MineralResource Protection)

Open Space/Santa Paula River

West AE-40 ac Agricultural

9. History: The subject property is owned by Brightview Tree Company and islocated off West Telegraph Road. The site is currently used as a wholesalenursery and operations office. The existing wholesale nursery and related officeoperations that is the subject of this CUP has been in operation since 2000.

On April 17, 2000, the Planning Director granted CUP 4115 to authorize theconstruction and operation of a 4,000 square foot agricultural office operationsbuilding (modular) to go along with the wholesale nursery located onsite for a 20-year time period ending on April 17, 2020.

On February 19, 2020, the current application under review was submitted torequest that a CUP be granted to authorize the continued operation of theexisting wholesale nursery and related office operations authorized by CUP 4115for an additional 20-year time period (PL20-0012).

10.Project Description: The applicant requests a 20-year time extension for thecontinued use and operation of a wholesale nursery and a 4,000 square foot salesand operations office found on the approximately 300-acre site. This facility isauthorized by the California Department of Food and Agriculture to sell nurserystock. The nursery obtains potable and fire suppression water supply from SanCayetano Mutual Water District. Restroom facilities on-site utilize an existing on-sitewater treatment system. All existing buildings and structures authorized will remainthe same and no proposed changes are requested with this application.

B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE

Pursuant to CEQA (Public Resources Code Section 21000 et seq.) and the CEQAGuidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, Section15000 et seq.), the proposed project is subject to environmental review.

The State Legislature through the Secretary for Resources has found that certainclasses of projects are exempt from CEQA environmental impact review because theydo not have a significant effect on the environment. These projects are declared to becategorically exempt from the requirement for the preparation of environmental impactdocuments. Given that the project involves the continued use of an existing nursery andoffice, the project is categorically exempt from environmental review pursuant to CEQAGuidelines Section 15301 (Existing Facilities). Section 15301 exempts projects thatinvolve the continued use of existing facilities, structures, and equipment. Staff has


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determined that no unusual circumstances or other exceptions set forth in CEQAGuidelines section 15300.2 preclude use of the section 15301 categorical exemption.

Therefore, this project is categorically exempt pursuant to Section 15301 of the CEQAGuidelines.

C. CONSISTENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goals, Policies and Programs (2015, page 4) states:

…in the unincorporated area of Ventura County, zoning and any permits issuedthereunder, any subdivision of land, any public works project, any public (County,Special District, or Local Government) land acquisition or disposition, and anyspecific plan, must be consistent with the Ventura County General Plan Goals,Policies and Programs, and where applicable, the adopted Area Plan.

Furthermore, the Ventura County NCZO (Section 8111-1.2.1.1.a) states that in order tobe approved, a project must be found consistent with all applicable policies of theVentura County General Plan.

Evaluated below is the consistency of the proposed project with the applicable policiesof the General Plan Goals, Policies and Programs.

1. General Plan Resources Policy 1.1.2-1: All General Plan amendments, zonechanges and discretionary development shall be evaluated for their individualand cumulative impacts on resources in compliance with the CaliforniaEnvironmental Quality Act.

General Plan Resources Policy 1.1.2-2: Except as otherwise covered by amore restrictive policy within the Resources Chapter, significant adverse impactson resources identified in environmental assessments and reports shall bemitigated to less than significant levels or, where no feasible mitigation measuresare available, a statement of overriding considerations shall be adopted.

As discussed in Section B (above), the project’s individual impacts andcontribution to cumulative impacts on resources have been evaluated incompliance with CEQA. The proposed project is categorically exempt fromenvironmental review pursuant to Section 15301 (Existing Facilities) of the CEQAGuidelines. No significant adverse environmental impacts have been identifiedthat would result from implementation of the proposed project. No mitigationmeasures or a statement of overriding considerations must be adopted toapprove the proposed project.

Based on the discussion above, the proposed project is consistent with GeneralPlan Resources Policies 1.1.2-1 and 1.1.2-2.


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2. General Plan Biological Resources Policy 1.5.2-1: Discretionary developmentwhich could potentially impact biological resources shall be evaluated by aqualified biologist to assess impacts and, if necessary, develop mitigationmeasures.

Implementation of the proposed project will require no construction activities andwill not introduce new uses that could adversely impact the surrounding area.The site is existing and no new modifications are proposed. No new effects onbiological resources would occur with implementation of the proposed project.

Based on the above discussion, the proposed project is consistent with Policy1.5.2-1.

3. General Plan Paleontological and Cultural Resources Policy 1.8.2-1:Discretionary developments shall be assessed for potential paleontological andcultural resource impacts, except when exempt from such requirements byCEQA. Such assessments shall be incorporated into a Countywidepaleontological and cultural resource data base.

The proposed project does not include any grading or other types of grounddisturbance activities (e.g., trenching) that could impact subsurface resourcesthat might exist onsite. Paleontological or cultural resources were notencountered during the construction of the wholesale nursery and related officeoperations.

Based on the above discussion, the proposed project is consistent with GeneralPlan Policy 1.8.2-1.

4. General Plan Fire Hazard Policy 2.13.2-1: All discretionary permits shall berequired, as a condition of approval, to provide adequate water supply andaccess for fire protection and evacuation purposes.

General Plan Fire Protection Policy 4.8.2-1: Discretionary development shallbe permitted only if adequate water supply, access and response time for fireprotection can be made available.

The existing wholesale nursery and office operations does not require additionalwater supply for fire protection. According to the Ventura County Fire ProtectionDistrict (VCFPD), the existing water supply and access are adequate for fireprotection.

Based on the above discussion, the proposed project is consistent with GeneralPlan Policies 2.13.2-1 and 4.8.2-1.


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D. ZONING ORDINANCE COMPLIANCE

The proposed project is subject to the requirements of the Ventura County NCZO.

Pursuant to the requirements of the Ventura County NCZO (Section 8105-4), theproposed use is allowed in the AE zone district with the granting of a CUP. Upon thegranting of the CUP, the proposed project will comply with this requirement.

E. CUP FINDINGS AND SUPPORTING EVIDENCE

The Planning Director must make certain findings in order to grant a CUP pursuant toSection 8111-1.2.1.1 of the Ventura County NCZO. The ability to make the requiredfindings is evaluated below.

1. The proposed development is consistent with the intent and provisions ofthe County's General Plan and of Division 8, Chapters 1 and 2, of theVentura County Ordinance Code [Section 8111-1.2.1.1.a].

Based on the information and analysis presented in Sections C and D of this staffreport, the finding that the proposed development is consistent with the intentand provisions of the County's General Plan and of Division 8, Chapters 1 and 2,of the Ventura County Ordinance Code can be made.

2. The proposed development is compatible with the character ofsurrounding, legally established development [Section 8111-1.2.1.1.b].

The existing wholesale nursery and related office operations that is the subject ofthis CUP application has been permitted since 2000. The continued use of thiswholesale nursery will not alter the appearance of the site or the character of theland uses in the area. No new impact on public views will result from thecontinued operation of the existing nursery.

Based on the discussion above, this finding can be made.

3. The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses [Section 8111-1.2.1.1.c].

As discussed in Section E.2 above, the proposed project involves the continueduse of a wholesale nursery and office operations on the subject property. Noadverse effect on neighboring properties or ongoing uses has been identified thatwould result from the proposed project. Implementation of the conditions ofapproval (Exhibit 4) will ensure the compatibility of the project with the ongoinguses in the vicinity.



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4. The proposed development would not be detrimental to the public interest,health, safety, convenience, or welfare [Section 8111-1.2.1.1.d].

No adverse effect of the proposed project on the environment or the use ofadjacent properties has been identified. Similarly, no effect of the project hasbeen identified that would be detrimental to the public interest, health, safety, orwelfare.


5. The proposed development, if allowed by a Conditional Use Permit, iscompatible with existing and potential land uses in the general area wherethe development is to be located [Section 8111-1.2.1.1.e].

The proposed project involves the continued use of an existing wholesalenursery and office operations in a remote, agricultural area. No adverse effectson the surrounding agricultural uses have been identified. Given the remotelocation, and other surrounding agricultural uses, a change in land use is notreasonably foreseeable at this time. Thus, the facility is expected to becompatible with future land uses in the general area.


6. The proposed development will occur on a legal lot [Section 8111-1.2.1.1f].

According to a Certificate of Compliance dated October 15, 1982, those portionsof Parcels 21 and 22, Lot 3 of Tract No. 2 of Sespe Rancho as per map recordedin Book 3, page 37 of Miscellaneous Records, in the office of the CountyRecorder of said county.

Based on the discussion above, this finding can be made

7. The proposed development is approved in accordance with the CaliforniaEnvironmental Quality Act and all other applicable laws.

As discussed in Section B above, the proposed project involves the continueduse of wholesale nursery and office operations on the subject property. Theproposed project qualifies for Class 1 Categorical Exemption pursuant to Section15301 (Existing Facilities) of the CEQA Guidelines.


F. PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, ANDJURISDICTIONAL COMMENTS


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The Planning Division provided public notice regarding the Planning Director hearing inaccordance with the Government Code (Section 65091), NCZO (Section 8111-3.1).On July 8, 2020 the Planning Division mailed notice to owners of property within 300feet of the property on which the project site is located. On July 13, 2020, the PlanningDivision placed a legal ad in the Ventura County Star. As of the date of this document,the Planning Division has not received any comments from this noticing.

G. RECOMMENDED ACTIONS

Based upon the analysis and information provided above, Planning Division Staffrecommends that the Planning Director take the following actions:

1. CERTIFY that the Planning Director has reviewed and considered this staff reportand all exhibits thereto and has considered all comments received during the publiccomment process;

2. FIND that this project is categorically exempt from CEQA pursuant to Section15301 of the CEQA Guidelines.

3. MAKE the required findings to grant a Minor Modification of a CUP pursuant toSection 8111-1.2.1.1 of the Ventura County NCZO, based on the substantialevidence presented in Section E of this staff report and the entire record;

4. GRANT CUP Case No. PL20-0012, subject to the conditions of approval(Exhibit 4).

5. SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S.Victoria Avenue, Ventura, CA 93009 is the location, of the documents and materialsthat constitute the record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the PlanningCommission within 10 calendar days after the permit has been approved, conditionallyapproved, or denied (or on the following workday if the 10th day falls on a weekend orholiday). Any aggrieved person may file an appeal of the decision with the PlanningDivision. The Planning Division shall then set a hearing date before the PlanningCommission to review the matter at the earliest convenient date.

If you have any questions concerning the information presented above, please contactThomas Chaffee at (805) 654-2406 or [email protected].


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Prepared by: Reviewed by:

Thomas ChaffeeThomas Chaffee, Case Planner Mindy Fogg, ManagerCommercial/Industrial Permits Section Commercial/Industrial Permits SectionVentura County Planning Division Ventura County Planning Division

EXHIBITS:

Exhibit 2 Draft Conditions of Approval

C ond itions ofA pprovalforC ase No. P L 20-0012 L oc ation: 3400 West Telegraph RoadP erm ittee: Brightview Tree CorporationD ate ofP u blic H earing: July 23, 2020D ate ofA pproval: P age 1 of13

EXH IB IT 4

C O ND ITIO NS O F A P P RO VA L FO R B RIGH TVIEW TREE C O RP O RA TIO NC O ND ITIO NA L US E P ERM IT (C UP ), C A S E NO . P L 20-0012

RES O URC E M A NA GEM ENT A GENC Y (RM A )C O ND ITIO NS

P lanning D ivision

1. Project Description

This Conditional Use Permit (CUP) is based on and limited to compliance with theproject description stated in this condition below, Exhibits 2 and 4 of the PlanningDirector hearing on July 23, 2020, and conditions of approval set forth below.Together, these conditions and documents describe the “Project.” Any changes in theProject must be reviewed and approved by the County in order to determine if theProject deviations conform to the Project as approved. Project deviations may requirePlanning Director approval for changes in the permit or further CaliforniaEnvironmental Quality Act (CEQA) environmental review, or both. Any Projectdeviation that is implemented without requisite County review and approval(s) mayconstitute a violation of the conditions of this permit and applicable law.

The Project description is as follows:

The request is for a 20-year time extension for the continued use and operation of awholesale nursery and a 4,000 square foot sales and operations office found on the300-acre site. This facility is authorized by the California Department of Food andAgriculture to sell nursey stock. The nursery obtains potable and fire suppressionwater supply from San Cayetano Mutual Water District. Restroom facilities on-siteutilize an existing on-site water treatment system. All existing buildings and structuresauthorized will remain the same and no proposed changes are requested with thisapplication.

The development, use, and maintenance of the property, the size, shape,arrangement, and location of the structure, shall conform to the project descriptionabove and all approved County land use hearing exhibits in support of the Project andremaining conditions of approval below.

2. Site MaintenanceP u rpose: To ensure that the project site is maintained in a neat and orderly mannerso as not to create any hazardous conditions or unsightly conditions which are visiblefrom outside of the project site.

BatiniM

Text Box

County of Ventura Planning Director Hearing Case No. PL20-0012 Exhibit 2 - Draft Conditions of Approval


Requ irem ent: The Permittee shall maintain the Project site in a neat and orderlymanner, and in compliance with the Project description set forth in Condition No. 1.Only equipment and/or materials which the Planning Director determines tosubstantially comply with the Project description shall be stored within the Project siteduring the life of the Project.

D oc u m entation: The Permittee shall maintain the Project site in compliance withCondition No. 1 and the approved plans for the Project.

Tim ing: The Permittee shall maintain the Project site in a neat and orderly mannerand in compliance with Condition No. 1 throughout the life of the Project.

M onitoring and Reporting: The County Building Inspector, Public Works AgencyGrading Inspector, Fire Marshall, and/or Planning Division staff has the authority toconduct periodic site inspections to ensure the Permittee’s ongoing compliance withthis condition consistent with the requirements of § 8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

3. CUP ModificationPrior to undertaking any operational or construction-related activity which is notexpressly described in these conditions, the Permittee shall first contact the PlanningDirector to determine if the proposed activity requires a modification of this CUP. ThePlanning Director may, at the Planning Director’s sole discretion, require the Permitteeto file a written and/or mapped description of the proposed activity in order todetermine if a CUP modification is required. If a CUP modification is required, themodification shall be subject to:

a. The modification approval standards of the Ventura County Ordinance Code ineffect at the time the modification application is acted on by the PlanningDirector; and,

b. Environmental review, as required pursuant to the California EnvironmentalQuality Act (CEQA; California Public Resources Code, §§ 21000-21178) andthe State CEQA Guidelines (California Code of Regulations, Title 14, Chapter3, §§ 15000-15387), as amended from time to time.

4. Construction ActivitiesPrior to any construction, the Permittee shall obtain a Zoning Clearance forConstruction from the Planning Division, and a Building Permit from the Building andSafety Division.

5. Acceptance of Conditions and Schedule of Enforcement ResponsesThe Permittee’s acceptance of this CUP and/or operations under this CUP shallconstitute the Permittee’s formal agreement to comply with all conditions of this CUP.Failure to abide by and comply with any condition for the granting of this CUP shall


constitute grounds for enforcement action provided in the Ventura County Non-Coastal Zoning Ordinance (Article 14), which shall include, but is not limited to, thefollowing:

a. Public reporting of violations to the Planning Commission and/or Board ofSupervisors;

b. Suspension of the permitted land uses (Condition No. 1);c. Modification of the CUP conditions listed herein;d. Recordation of a “Notice of Noncompliance” on the deed to the subject

property;e. The imposition of civil administrative penalties; and/or,f. Revocation of this CUP.

The Permittee is responsible for being aware of and complying with, the CUPconditions and all applicable federal, state, and local laws and regulations.

6. Time Limits

a. Use Inauguration:

(1) The approval decision for this CUP becomes effective upon theexpiration of the 10-day appeal period following the approval decision,or when any appeals of the decision are finally resolved. Once theapproval decision becomes effective, the Permittee must obtain aZoning Clearance for Use Inauguration in order to initiate the land usesset forth in Condition No. 1.

(2) This CUP shall expire and become null and void if the Permittee fails toobtain a Zoning Clearance for Use Inauguration within one year from thedate the approval decision of this CUP becomes effective. The PlanningDirector may grant a one-year extension of time to the Permittee in orderto obtain the Zoning Clearance for Use Inauguration if the Permittee candemonstrate to the satisfaction of the Planning Director that thePermittee has made a diligent effort to implement the Project, and thePermittee has requested the time extension in writing at least 30 daysprior to the one-year expiration date.

(3) Prior to the issuance of the Zoning Clearance for Use Inauguration, allfees and charges billed to that date by any County agency, as well asall fines, penalties, and sureties, must be paid in full. After issuance ofthe Zoning Clearance for Use Inauguration, any final billed processingfees must be paid within 30 days of the billing date or the County mayrevoke this CUP.


b. Permit Life or Operations Period: This CUP will expire on TBD. The lack ofadditional notification of the expiration date provided by the County to thePermittee shall not constitute grounds to continue the uses that are authorizedby this CUP after the CUP expiration date. The uses authorized by this CUPmay continue after the CUP expiration date if:

(1) The Permittee has filed a permit modification application pursuant to §8111-6 of the Ventura County Non-Coastal Zoning Ordinance prior to June4, 2030; and

(2) The County decision-maker grants the requested modification.

The uses authorized by this CUP may continue during processing of a timely-filed modification application in accordance with § 8111-2.10 of the VenturaCounty Non-Coastal Zoning Ordinance.

7. Documentation of Compliance with Other Agencies’ Requirements Related to thisCUPP u rpose: To ensure compliance with and notification of federal, state, and/or localgovernment regulatory agencies that have requirements that pertain to the Project(Condition No. 1, above) that is the subject of this CUP.

Requ irem ent: Upon the request of the Planning Director, the Permittee shall providethe Planning Division with documentation (e.g., copies of permits or agreements fromother agencies, which are required pursuant to a condition of this CUP) to verify thatthe Permittee has obtained or satisfied all applicable federal, state, and localentitlements and conditions that pertain to the project.

D oc u m entation: The Permittee shall provide this documentation to the PlanningDivision in the form that is acceptable to the agency issuing the entitlement orclearance, to be included in the Planning Division Project file.

Tim ing: The documentation shall be submitted to the Planning Division prior to theissuance of the Zoning Clearance for Use Inauguration or as dictated by the respectiveagency.

M onitoring and Reporting: The Planning Division shall maintain the documentationprovided by the Permittee in the respective project file. In the event that the federal,state, or local government regulatory agency prepares new documentation due tochanges in the Project or the other agency’s requirements, the Permittee shall submitthe new documentation within 30 days of receipt of the documentation from the otheragency.


8. Notice of CUP Requirements and Retention of CUP Conditions On-SiteP u rpose: To ensure full and proper notice of these CUP conditions affecting the useof the subject property.

Requ irem ent: Unless otherwise required by the Planning Director, the Permittee shallnotify, in writing, the Property Owner(s) of record, contractors, and all other partiesand vendors regularly dealing with the daily operation of the proposed activities, of thepertinent conditions of this CUP.

D oc u m entation: The Permittee shall present to the Planning Division staff copies ofthe conditions, upon Planning Division staff’s request.

Tim ing: Prior to issuance of a Zoning Clearance for Use Inauguration and throughoutthe life of the Project.

M onitoring and Reporting: The Planning Division has the authority to conductperiodic site inspections to ensure ongoing compliance with this condition consistentwith the requirements of § 8114-3 of the Ventura County Non-Coastal ZoningOrdinance.

9. Recordation of Notice of Land Use EntitlementP u rpose: The Permittee shall record a “Notice of Land Use Entitlement” form and theconditions of this CUP with the deed for the subject property that notifies the currentand future Property Owner(s) of the conditions of this CUP.

Requ irem ent: The Property Owner shall sign, have notarized, and record with theOffice of the County Recorder, a “Notice of Land Use Entitlement” form furnished bythe Planning Division and the conditions of this CUP, with the deed of the propertythat is subject this CUP.

D oc u m entation: Recorded “Notice of Land Use Entitlement” form and conditions ofthis CUP.

Tim ing: The Permittee shall record the “Notice of Land Use Entitlement” form andconditions of this CUP, prior to issuance of a Zoning Clearance for Use Inauguration.

M onitoring and Reporting: The Permittee shall return a copy of the recorded “Noticeof Land Use Entitlement” form and conditions of this CUP to Planning Division staff tobe included in the project file.

10.Financial Responsibility for Compliance Monitoring and Enforcement

a. Cost Responsibilities: The Permittee shall bear the full costs of all County stafftime, materials, and County-retained consultants associated with condition


compliance review and monitoring, CEQA mitigation monitoring, other permitmonitoring programs, and enforcement activities, actions, and processesconducted pursuant to the Ventura County Non-Coastal Zoning Ordinance (§8114-3) related to this CUP. Such condition compliance review, monitoring, andenforcement activities may include (but are not limited to): periodic siteinspections; preparation, review, and approval of studies and reports; review ofpermit conditions and related records; enforcement hearings and processes;drafting and implementing compliance agreements; and attending to themodification, suspension, or revocation of permits. Costs will be billed at therates set forth in the Planning Division or other applicable County FeeSchedule, and at the contract rates of County-retained consultants, in effect atthe time the costs are incurred.

b. Pursuant to the requirements of CUP LU07-0132, the Resource ManagementAgency created Condition Compliance Case No. CC07-0076 to cover thecosts associated with condition compliance review, monitoring, andenforcement activities, and any duly-imposed civil administrative penalties,regarding LU07-0132. The Planning Division will continue to use ConditionCompliance Case No. CC07-0076 to cover the costs associated with conditioncompliance review, monitoring, and enforcement activities described insubsection 10.a (above), and any duly-imposed civil administrative penaltiesregarding this CUP.

Within 10 calendar days of the effective date of the final decision approvingthis CUP, the Permittee shall submit a new, updated, and completedreimbursement agreement for Condition Compliance Case No. CC07-0076, ina form provided by the Planning Division, obligating the Permittee to pay allcondition compliance review, monitoring, and enforcement costs, and any civiladministrative penalties, subject to the Permittee’s right to challenge all suchcharges and penalties prior to payment.

c. Billing Process: The Permittee shall pay all Planning Division invoices within 30days of receipt thereof. Failure to pay an invoice shall subject the Permittee tolate fees and charges set forth in the Planning Division Fee Schedule, and shallbe grounds for suspension, modification, or revocation of this CUP. ThePermittee shall have the right to challenge any charge or penalty prior topayment.

11.Defense and Indemnification

a. The Permittee shall defend, at the Permittee's sole expense with legal counselacceptable to the County, against any and all claims, actions, or proceedingsagainst the County, any other public agency with a governing body consistingof the members of the County Board of Supervisors, or any of their respectiveboard members, officials, employees and agents (collectively, “Indemnified


Parties”) arising out of or in any way related to the County’s issuance,administration, or enforcement of this CUP. The County shall promptly notifythe Permittee of any such claim, action or proceeding and shall cooperate fullyin the defense.

b. The Permittee shall also indemnify and hold harmless the Indemnified Partiesfrom and against any and all losses, damages, awards, fines, expenses,penalties, judgments, settlements, or liabilities of whatever nature, including butnot limited to court costs and attorney fees (collectively, “Liabilities”), arising outof or in any way related to any claim, action or proceeding subject to subpart(a) above, regardless of how a court apportions any such Liabilities as betweenthe Permittee, the County, and/or third parties.

c. Except with respect to claims, actions, proceedings, and Liabilities resultingfrom an Indemnified Party’s sole active negligence or intentional misconduct,the Permittee shall also indemnify, defend (at Permittee’s sole expense withlegal counsel acceptable to County), and hold harmless the Indemnified Partiesfrom and against any and all claims, actions, proceedings, and Liabilities arisingout of, or in any way related to, the construction, maintenance, land use, oroperations conducted pursuant to this CUP, regardless of how a courtapportions any such Liabilities as between the Permittee, the County, and/orthird parties. The County shall promptly notify the Permittee of any such claim,action, or proceeding and shall cooperate fully in the defense.

d. Neither the issuance of this CUP, nor compliance with the conditions hereof,shall relieve the Permittee from any responsibility otherwise imposed by law fordamage to persons or property; nor shall the issuance of this CUP serve toimpose any liability upon the Indemnified Parties for injury or damage topersons or property.

12. Invalidation of Condition(s)If any of the conditions or limitations of this CUP are held to be invalid in whole or inpart by a court of competent jurisdiction, that holding shall not invalidate any of theremaining CUP conditions or limitations. In the event that any condition imposing afee, exaction, dedication, or other mitigation measure is challenged by the Permitteein an action filed in a court of competent jurisdiction, or threatened to be filed therein,the Permittee shall be required to fully comply with this CUP, including withoutlimitation, by remitting the fee, exaction, dedication, and/or by otherwise performingall mitigation measures being challenged. This CUP shall continue in full force unless,until, and only to the extent invalidated by a final, binding judgment issued in suchaction.

If a court of competent jurisdiction invalidates any condition in whole or in part, andthe invalidation would change the findings, and/or the mitigation measures associatedwith the approval of this CUP, at the discretion of the Planning Director, the Planning


Director may review the project and impose substitute feasible conditions/mitigationmeasures to adequately address the subject matter of the invalidated condition. ThePlanning Director shall make the determination of adequacy. If the Planning Directorcannot identify substitute, feasible conditions/mitigation measures to replace theinvalidated condition and cannot identify overriding considerations for any significantimpacts that are not mitigated to a level of insignificance as a result of the invalidationof the condition, then this CUP may be revoked.

13.Consultant Review of Information and Consultant WorkThe County and all other County permitting agencies for the Project have the optionof referring any and all special studies that these conditions may require to anindependent and qualified consultant for review and evaluation of issues beyond theexpertise or resources of County staff.

Prior to the County engaging any independent consultants or contractors pursuant tothe conditions of this CUP, the County shall confer in writing with the Permitteeregarding the necessary work to be contracted, as well as the estimated costs of suchwork. Whenever feasible, the County will use the lowest responsible bidder orproposer. Any decisions made by County staff in reliance on consultant or contractorwork may be appealed pursuant to the appeal procedures contained in the VenturaCounty Zoning Ordinance Code then in effect.

The Permittee may hire private consultants to conduct work required by the County,but only if the consultant and the consultant’s proposed scope-of-work are firstreviewed and approved by the County. The County retains the right to hire its ownconsultants to evaluate any work that the Permittee or a contractor of the Permitteeundertakes. In accordance with Condition No. 10 above, if the County hires aconsultant to review any work undertaken by the Permittee or hires a consultant toreview the work undertaken by a contractor of the Permittee, the hiring of theconsultant will be at the Permittee’s expense.

14.Relationship of CUP Conditions, Laws and Other PermitsThe Permittee shall implement the Project in compliance with all applicablerequirements and enactments of federal, state, and local authorities. In the event ofconflict between various requirements, the more restrictive requirements shall apply.In the event the Planning Director determines that any CUP condition contained hereinis in conflict with any other CUP condition contained herein, when principles of law donot provide to the contrary, the CUP condition most protective of public health andsafety and environmental resources shall prevail to the extent feasible.

No condition of this CUP for uses allowed by the Ventura County Ordinance Codeshall be interpreted as permitting or requiring any violation of law, lawful rules, orregulations, or orders of an authorized governmental agency. Neither the approval of


this CUP, nor compliance with the conditions of this CUP, shall relieve the Permitteefrom any responsibility otherwise imposed by law for damage to persons or property.

The Permittee shall obtain and maintain a business tax certificate for the operation ofthe wireless communications facility.

15.Contact PersonP u rpose: To designate a person responsible for responding to complaints.

Requ irem ent: The Permittee shall designate a contact person(s) to respond tocomplaints from citizens and the County which are related to the permitted uses ofthis CUP. The designated contact person shall be available, via telecommunication,24 hours a day.

D oc u m entation: The Permittee shall provide the Planning Director with the contactinformation (e.g., name and/or position title, address, business and cell phonenumbers, and email addresses) of the Permittee’s field agent who receives all orders,notices, and communications regarding matters of condition and code compliance atthe Project site.

Tim ing: Prior to the issuance of a Zoning Clearance for Use Inauguration, thePermittee shall provide the Planning Division the contact information of the Permittee’sagent(s) for the Project file. If the address or phone number of the Permittee’s fieldagent(s) should change, or the responsibility is assigned to another person, thePermittee shall provide Planning Division staff with the new information in writingwithin three calendar days of the change in the Permittee’s field agent.

M onitoring and Reporting: The Planning Division maintains the contact informationprovided by the Permittee in the Project file. The Planning Division has the authorityto periodically confirm the contact information consistent with the requirements of §8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

16.Resolution of ComplaintsThe following process shall be used to resolve complaints related to the Project:

a. The Permittee shall post the telephone number for the designated ContactPerson as identified pursuant to Condition No. 15 in a visible location on thesite. The Contact Person shall be available via telephone on a 24-hour basis.Persons with concerns about a use as it is occurring may directly contact theContact Person;

b. If County staff receives a written complaint about the Project, Planning Divisionstaff may contact the Permittee’s Contact Person or the Permittee to requestinformation regarding the alleged violation; and,


c. If, following a complaint investigation by County staff, a violation of VenturaCounty Code or a condition of this CUP is confirmed, County may initiateenforcement actions pursuant to § 8114-3 of the Ventura County Non-CoastalZoning Ordinance.

17.Reporting of Major IncidentsP u rpose: To ensure that the Planning Director is notified of major incidentsassociated with, or resulting from, the Project.

Requ irem ent: The Permittee shall immediately notify the Planning Director bytelephone, email, and/or voicemail of any incidents (e.g., fires, explosions, spills,landslides, or slope failures) that could pose a hazard to life or property inside oroutside the CUP area.

D oc u m entation: Upon request of any County agency, the Permittee shall provide awritten report of any incident that shall include but is not limited to: a description of thefacts of the incident; the corrective measures used, if any; and, the steps taken toprevent a recurrence of the incident.

Tim ing: The Permittee shall provide the written report to the requesting Countyagency and Planning Division within seven days of the request.

M onitoring and Reporting: The Planning Division maintains any documentationprovided by the Permittee related to major incidents in the Project file.

18.Change of PermitteeP u rpose: To ensure that the Planning Division is properly and promptly notified of anychange of Permittee.

Requ irem ent: The Permittee shall file, as an initial notice with the Planning Director,the name(s), address(es), telephone number(s), and email addresses of the newowner(s), lessee(s), operator(s) of the permitted uses, and the company officer(s).Permittee shall provide the Planning Director with a final notice once the transfer ofownership and/or operational control has occurred.

D oc u m entation: The initial notice must be submitted with the new Permittee’s andProperty Owner’s contact information. The final notice of transfer must include theeffective date and time of the transfer, and a letter signed by the new PropertyOwner(s), lessee(s), and/or operator(s) acknowledging and agreeing to comply withall conditions of this CUP.

Tim ing: The Permittee shall provide written notice to the Planning Director 10calendar days prior to the change of ownership or change of Permittee. The Permittee


shall provide the final notice to the Planning Director within 15 calendar days of theeffective date of the transfer.

M onitoring and Reporting: The Planning Division shall maintain notices submittedby the Permittee in the project file and has the authority to periodically confirm theinformation consistent with the requirements of § 8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

19.Construction NoiseP u rpose: In order for this project to comply with the Ventura County General PlanGoals, Policies and Programs Noise Policy 2.16.2-1(5) and the County of VenturaConstruction Noise Threshold Criteria and Control Plan (Amended 2010).

Requ irem ent: The Permittee shall limit construction activity for site preparation anddevelopment to the hours between 7:00 a.m. and 7:00 p.m., Monday through Friday,and from 9:00 a.m. to 7:00 p.m. Saturday, Sunday, and State holidays. Constructionequipment maintenance shall be limited to the same hours. Non-noise generatingconstruction activities, such as interior painting, is not subject to these restrictions.

D oc u m entation: The Permittee shall post a sign stating these restrictions in aconspicuous location on the Project site, in order so that the sign is visible to thegeneral public. The Permittee shall provide photo documentation showing posting ofthe required signage to the Planning Division, prior to the commencement of gradingand construction activities. The sign must provide a telephone number of the siteforeman, or other person who controls activities on the jobsite, for use for complaintsfrom the public. The Permittee shall maintain a “Complaint Log,” noting the date, time,complainant’s name, complaint, and any corrective action taken, in the event that thePermittee receives noise complaints. The Permittee must submit the “Complaint Log”to the Planning Division upon the Planning Director’s request.

Tim ing: The Permittee shall install the sign prior to the issuance of a building permitand throughout all grading and construction activities. The Permittee shall maintainthe signage on site until all grading and construction activities are complete. If thePlanning Director requests the Permittee to submit the “Complaint Log” to thePlanning Division, the Permittee shall submit the “Complaint Log” within one day ofreceiving the Planning Director’s request.

M onitoring and Reporting: The Planning Division reviews, and maintains in theProject file, the photo documentation of the sign and the “Complaint Log.” ThePlanning Division has the authority to conduct site inspections and take enforcementactions to ensure that the Permittee conducts grading and construction activities incompliance with this condition, consistent with the requirements of § 8114-3 of theVentura County Non-Coastal Zoning Ordinance.


FIRE D EP A RTM ENT C O ND ITIO NS

20.A street width of 25 feet with two-way traffic and off-street parking on both sidesshall be provided

21.The access roadway(s) shall be extended to within 150 feet of all portions of theexterior walls of the first story of any building. Where the access roadway cannot beprovided, approved fire protection system or systems shall be installed as requiredand acceptable to Fire District 4.

22.Access roads shall not exceed 15% grade.

23.All drives shall have a minimum vertical clearance of 13 feet-6 inches (13’-6”).

24.Approved turnaround areas for fire apparatus shall be provided where the accessroad is 150 feet or farther from the main thoroughfare.

25.Any gates to control vehicle access are to be located to allow a vehicle waiting forentrance to be completely off the public roadway. The method of gate control shallbe subject to review by the Fire Prevention Division. A minimum clear open width of15 feet in each direction shall be provided. If gates are to be locked, a Knox systemshall be installed. Gate plan details shall be submitted to the Fire District for approvalprior to recordation.

26.Address numbers, a minimum of 6 inches (6”) high, shall be installed prior tooccupancy, shall be of contrasting color to the background, and shall be readilyvisible at night. Where structures are set back more than 250 feet (250’) from thestreet, larger number will be required so that they are distinguishable from the street.In the event the structure(s) are not visible from the street, the address number(s)shall be posted adjacent to the driveway entrance.

27.Obtain any necessary Uniform Fire Code Permits (i.e., LPG, Hazardous Material,and Flammable Liquids).

28. If any building(s) are to be protected by an automatic sprinkler system, plans shallbe submitted, with payment for plan check, to the Fire District for review.

29.Fire extinguishers shall be installed in accordance with National Fire ProtectionAssociation, Pamphlet #10. The placement of extinguishers shall be subject toreview by the Fire District.


30.Plans for the installation of an automatic fire extinguishing system (such as halon ordry chemical) shall be submitted to the Fire District for plan check.

Documents

County of Ventura Resource Management Agency Planning Division · 7/23/2020 · Fillmore, in the unincorporated area of Ventura County. The Tax Assessor’s parcel numbers for the